Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney in New York for advice tailored to your situation.
Detailed Answer
After an injury, you can recover lost wages from all jobs you held by pursuing either a workers’ compensation claim (if the injury occurred on the job) or a personal injury lawsuit (if a third party caused your injury).
1. Identify the Correct Claim Path
Workers’ Compensation: If you were injured while performing work duties, file with the New York State Workers’ Compensation Board. Workers’ compensation covers lost earnings without proving negligence. See WCL §10 for determining disability.
Personal Injury: If someone else’s negligence caused your injury—such as a motorist or property owner—you must sue that party in civil court. You’ll need to prove fault and quantify your economic losses. The statute of limitations in New York is three years from the injury date. See CPLR 214.
2. Document All Employment Income
- Collect pay stubs from each job.
- Obtain W-2 forms or tax returns for the relevant period.
- Request an employer’s letter stating your average weekly earnings.
3. File Your Claim or Lawsuit
Workers’ Compensation Claim: Complete and file Form C-3 within two years of your work-related injury. You can submit this online or by mail to the NYS Workers’ Compensation Board. The Board will schedule a hearing to decide your benefit rate.
Personal Injury Lawsuit: Draft and serve a Summons and Complaint before the three-year deadline. Attach a detailed schedule of lost earnings and medical proof. Under CPLR 5041, you must itemize special damages like wage loss.
4. Calculate and Present Lost Wages
Compute your average weekly earnings across all jobs. Include:
- Regular pay and overtime.
- Commissions, tips, or bonuses if part of your typical compensation.
- Lost benefits (e.g., retirement contributions) if the court recognizes them as economic losses.
5. Address Offsets and Benefits
New York’s collateral source rule limits how much employers’ or insurers’ payments reduce your recovery. See CPLR 4545. Present all benefit notices to the Board or court so it can apply offsets correctly.
Helpful Hints
- Notify each employer within 30 days of your injury to preserve compensation rights.
- Keep a daily log of missed work hours and tasks you couldn’t perform.
- Obtain and retain all medical records and doctors’ notes.
- Secure written statements from supervisors or coworkers verifying your duties and hours.
- Consider a consultation with a New York attorney experienced in wage-loss claims to navigate offsets and maximize recovery.